Void marriages

Void marriages - when you can annul a marriage

A void marriage is one that is legally considered to have never existed at all due to a fundamental defect under section 11 of the Matrimonial Causes Act 1973, which provides that a marriage will be void on the following grounds:

• The parties are too closely related
• Either party is under the age of 18
• Either party is subject to a whole life order
• The parties ‘intermarried in disregard of certain requirements as to the formation of marriage’
• At the time of the marriage, either party was already lawfully married or in a civil partnership
• In the case of a polygamous marriage entered into outside of England and Wales, that either party was domiciled in England and Wales at the time of the marriage

If you are considering or going through a divorce and are concerned about the legal validity of your marriage, contact Vardags today for a free initial consultation with one of our expert divorce solicitors.

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The legal consequences of a void marriage: annulment

As void marriages are treated as having never existed, a decree of nullity is simply a confirmation that the marriage is, and always has been, null and void. Once granted, parties to a void marriage may apply for financial remedy.

void marriage or non-marriage

Though based on similar concepts, void marriages and ‘non-marriages’ are different categories, with different legal effect.

Like a void marriage, a non-marriage is not a valid marriage due to a fundamental defect. However, a non-marriage or ‘non-qualifying ceremony’ is considered to fall so far short of the formalities set out in the Marriage Act 1949 and Matrimonial Causes Act 1973 that it cannot even be considered to have created a void marriage.

Whilst a void marriage entitles a couple to a decree of nullity and access to seek financial remedy, a non-marriage does not. Therefore, the distinction between the two is important. 

Caselaw example - Burns v Burns [2007] EWHC 2492 (Fam)

The parties had a marriage ceremony in a hot air balloon above California but failed to obtain a marriage licence prior to the ceremony, instead obtaining one afterwards. It was accepted that under Californian law, the marriage could not be valid due to this, and therefore it could not be valid in England and Wales.

The court held that whilst this shortcoming rendered the marriage invalid, it was still a void marriage rather than a non-marriage as it was invalid only by “the merest of technicalities”. As such, the ‘wife’ was entitled to a decree of nullity and therefore, to apply for financial relief.